Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD087.
Course Title (CB02)
Personal Injury and Tort Litigation
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
Substantive tort law emphasizing concepts applicable to automobile accident cases, product liability cases, premises liability cases and malpractice cases; insurance law affecting personal injury litigation; basic medical terminology in personal injury litigation; procedural rules and practices related to personal injury litigation in California with an emphasis on the role of the paralegal.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. It was developed in response to a recommendation from the advisory board for a course exploring the law concerning personal injury. This course belongs on the certificate and degree programs in Paralegal Studies. This course was developed to fulfill a special need for training in an area of law that makes up a large part of civil practice in the law office.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

ADMJ D009. or PARA D009. or POLI D009. or PARA D094. (either course may be taken concurrently) or professional experience appropriate to the topic

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Discussion and problem solving performed in class

Quiz and examination review performed in class

Homework and extended projects

Guest speakers

Collaborative learning and small group exercises

Assignments

  1. Oral
    1. Small group discussions of course content
    2. Individual and/or small group presentations of course material
    3. Role playing of appropriate paralegal activities, including interviewing
  2. Written
    1. Quizzes
    2. Analyze selected case law and statutes
    3. Analyze hypothetical factual situations in light of legal principles
    4. Prepare various litigation and discovery forms
    5. Objective and essay final examination
  3. Readings assigned from text and other references, including selected court opinions and statutes

Methods of Evaluation

  1. Oral and written assignments where students will demonstrate their understanding of the law and procedure related to personal injury actions
  2. Written quizzes and final examination testing student knowledge of the law encompassed in the law of torts
  3. Participation in class discussions where students will show their understanding of the law and their ability to apply it to given scenarios

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Edwards, J. Stanley, "Tort Law", 6th Ed. Cengage, 2016

Examples of Supporting Texts and References

AuthorTitlePublisher
Matthews, Joseph, "How to Win Your Personal Injury Claim." 9th Ed. Berkeley: Nolo Press, 2015.
Statsky, William, "Essentials of Torts", 3rd Ed., New York: Cengage Learning, 2012.
The California court website at (http://www.courts.ca.gov/)

Learning Outcomes and Objectives

Course Objectives

  • Analyze the elements of the various substantive torts and analysis of factual situations in accordance with those elements
  • Analyze the substantive areas of insurance law affecting personal injury and/or tort litigation
  • Explain medical terminology applicable to personal injury litigation
  • Create a plan for pre-trial investigation of personal injury cases
  • Compose and apply California personal injury pleadings
  • Identify and evaluate pre-trial discovery procedures: identifying, drafting and reviewing personal injury discovery requests and responses
  • Examine and practice the role of the paralegal in trial preparation
  • Construct documents for case settlement
  • Evaluate rules and procedures in personal injury cases involving out-of-state and/or international parties and issues.

CSLOs

  • Demonstrate an understanding of the applicable areas of law for personal injury and tort law.

  • Identify and prepare appropriate documents for various stages of personal injury and tort litigation.

  • Evalute the role of the paralegal in the context of personal injury/tort litigation.

Outline

  1. Analyze the elements of the various substantive torts and analysis of factual situations in accordance with those elements
    1. Intentional torts
      1. Assault and Battery
      2. Defamation
      3. Intentional infliction of emotional distress
      4. False imprisonment
      5. Examine cases such as New York Times v. Sullivan
      6. Examine federal and state statutory law including 42 U.S.C. Section 1983 (Civil Rights Actions)
    2. Negligence
      1. Examine cases such as Li v. Yellow Cab and Dillon v. Legg
      2. Examine California codes
    3. Strict liability
    4. Special types of cases
      1. The automobile accident
      2. Product liability cases
      3. Premises liability cases
      4. Malpractice cases
      5. Employment Torts
      6. Civil rights violations affecting minorities and disabled
      7. Environmental Torts
    5. Defenses to tort liability
    6. Damages in a tort action
    7. Analyze factual situations for possible tort liability including factual situations involving rights of minorities and disabled persons
  2. Analyze the substantive areas of insurance law affecting personal injury and/or tort litigation
    1. The auto insurance policy
      1. liability coverage
      2. collision coverage
      3. medical payments provisions
      4. Uninsured motorist provisions
    2. Product liability coverage
    3. Personal liability and home owners insurance
    4. Errors and omissions coverage
    5. Special insurance problems
      1. conflicts of interests
      2. right to reimbursement
      3. defending under reservation of rights
  3. Explain medical terminology applicable to personal injury litigation
    1. Terminology affecting common injuries
    2. Terminology relating to common medical treatments
  4. Create a plan for pre-trial investigation of personal injury cases
    1. Examine scene of incident
      1. photographs
      2. diagrams
    2. Interviewing witnesses
      1. recording statements
      2. preparing evaluations of interview
      3. demonstrating sensitivity to witnesses due to cultural, gender and age differences
    3. Preserving physical evidence and chain of possession
    4. Consulting expert witnesses
    5. Ethical considerations applicable to paralegals dealing with the public
  5. Compose and apply California personal injury pleadings
    1. Overview of litigation process and pleading forms
    2. Locate and draft Judicial Council pleading forms
    3. Create non-Judicial Council pleadings
    4. Filing and serving complaints, answers and cross complaints
    5. Defending the personal injury action
    6. Ethical rules regarding unauthorized practice of law, requirement of attorney supervision and billing.
  6. Identify and evaluate pre-trial discovery procedures: identifying, drafting and reviewing personal injury discovery requests and responses
    1. Interrogatories: procedures and forms
    2. Document production: procedures and forms
    3. Requests for admissions: procedures and forms
    4. Disclosure of expert information: procedures and forms
    5. Depositions: procedures and forms
    6. E-discovery: procedures and forms
    7. Ethical rules regarding unauthorized practice of law, requirement of attorney supervision and billing.
  7. Examine and practice the role of the paralegal in trial preparation
    1. Preparing the trial notebook
    2. Preparing client and friendly witnesses for trail
    3. Subpoenaing witnesses
    4. Organizing evidence
    5. Preparing jury instructions
    6. Coordinating technology
  8. Construct documents for case settlement
    1. Organizing proof of special damages
    2. Obtaining proof of medical injuries
    3. Drafting demand letter
    4. Preparing settlement agreement and related forms
    5. Ethical limitations for paralegals in the settlement process
  9. Evaluate rules and procedures in personal injury cases involving out-of-state and/or international parties and issues.
    1. Applicable provisions of the Hague Treaty
    2. California Code of Civil Procedure - Taking depositions in other states
    3. California Code of Civil Procedure - Depositions in California for Use in another state or foreign action
    4. Acquiring jurisdiction over non-California residents
    5. Subject matter jurisdiction and out-of-state torts
Back to Top